Network Rail has been accused by regulators of risking another catastrophic derailment by failing to carry out work on potential track design flaws.

In the Cumbria derailment one person died and 30 were seriously injured.Photo: Reuters

By David Millward, Transport Editor

12:20PM BST 23 Oct 2008

The company, which is responsible for maintaining Britain's railways, has been warned that the existing design could lead to nut and bolts working loose.

Problems with the way the points worked emerged during an investigation by the Office of Rail Regulation into the February 2007 derailment at Grayrigg, Cumbria, in which one person, an 84-year-old woman, died and 30 passengers were seriously injured.

While Network Rail believes that the root causes of the 95 mph derailment of a Virgin Pendolino train lay in the failure to carry out a routine inspection, the ORR believes that there could be more fundamental flaws.

It wants a more foolproof system in which passengers would not be put at risk.

While both sides agree the network is fundamentally safe, the ORR and Network Rail differ on how to minimise the risk of another derailment.

Network Rail has pinpointed the inspection regime, while the ORR wants the points reconfigured to ensure that safety was not, as one industry source put it, 'dependent on a man walking alongside a track'.

Earlier this year the ORR issued an improvement notice on Network Rail ordering the company to take additional steps to ensure the areas of track in question were safe.

Details of the improvement notice emerged as the industry awaited the latest report into the accident by the Rail Accident Investigation Branch,

It told Network Rail : 'You are failing to conduct your undertaking to ensure, so far as is reasonably practicable, that passengers on the national rail network are not exposed to risks to their health and safety from train derailment.'

It added that the design of the points meant it 'may not withstand normally encountered forces imposed by the operating railway, resulting in the potential for loose fasteners and consequent changes to the configuration of the points leading to further points degradation and subsequent train derailment'.

However the notice, which would affect 13,000 points has been contested by Network Rail.

This has meant that the December 13 deadline for completing the work has been extended until an employment tribunal rules who is right.

In a statement, the ORR said: 'ORR has issued an improvement notice, and Network Rail has appealed against the notice. As is normal practice, an employment tribunal will handle the appeal process.

'Network Rail is reviewing the design of points similar to those at Grayrigg. When this work is complete we will be better able to judge what improvements are possible and whether these are reasonably practicable. In the meantime Network Rail is applying its inspection and maintenance regime to ensure that faults are found and fixed before danger results.'

Network Rail said: 'We can confirm that we have appealed against an ORR improvement notice related to the design of fixed stretcher bar points. The notice is presently suspended as we demonstrate the overwhelming evidence in our possession that shows the robustness of a design that has been in use in the UK and across Europe since the 1940s and has an almost exemplary safety record.

'Lessons from Grayrigg led us to make some alterations to further improve the design with the installation of a new Ã locking' nut and bolt assembly.'